A new political space wanting to shape the future of Latin America was born in Mexico City on 1 November 2023. In an unprecedented meeting, more than 30 organisations, leaders and young people from Latin America gave life to the Free America Forum. A space to defend an agenda of Freedom and Democracy, as an alternative to the populism of the Puebla Group and the Sao Paulo Forum.
“Those of us who believe in the ideas of freedom and democracy are more and we are also better,” said Mexican Congresswoman Mariana Gómez del Campo, president of ODCA, when she opened the Free America Forum.
This group, together with political leaders from 18 Latin American countries, parliamentarians from Ukraine, Germany, the European Parliament, political representatives from the United States, civil society activists and human rights defenders, ratified their commitment to freedom and democracy.
The result of this first meeting was the signing of the Mexican declaration “For a Free America”, which alerts the world to authoritarianism and its consequences in the region, the need for respect for democratic principles such as free elections, the separation of powers, the need for independent justice, limits to the actions of those in power and respect for human rights.
As part of this declaration, the Free America Forum warns how the conditions of poverty and inequality have been “breeding grounds” for populist alternatives and how we must focus on “the integral development of the people”, guaranteeing a free and competitive economy. In the fight against organised crime, he called for the use of “the full force of the law and the rule of law”, rejecting “radically any negotiation and complicity with those who extort, steal, kidnap, murder and sow terror on the continent”.
In the face of human rights violations, they expressed their support and solidarity with the peoples of Cuba, Venezuela and Nicaragua as “sister nations that Bolivarian socialism has subjected to atrocious dictatorships and suffering”. The declaration also condemns the “unjustified aggression” of Vladimir Putin’s Russia against Ukraine.
This new space linking defenders of democracy around the world was created to counterbalance those who venerate and validate dictators and promote authoritarian narratives.
The study from Global Witness, a non-profit human rights environmental watchdog, shows that the killings of Indigenous peoples defending their territories and resources represented nearly 34 percent of all lethal attacks despite making up about 5 percent of the world’s population.
“Governments where these violations are happening are not acting properly to create a safe environment for defenders and a civic space proper for them to thrive,” said Gabriella Bianchini, senior advisor for the land and environmental defenders team at Global Witness. “They are not reporting or investigating and seeking accountability for reprisals against defenders. And most importantly, they are not promoting legal accountability in the proper manner.”
Latin America has consistently ranked as the deadliest region for land defenders overall and saw almost 9 in every 10 recorded killings in 2022. More than a third of those fatal attacks took place in Colombia. In 2021, Brazil was named the deadliest country for land defenders by Global Witness and now sits at second; In July, activist Bruno Pereira and journalist Dom Phillips were murdered in the Brazilian Amazon.
Growing tensions from agribusiness, mining, and logging have led to consistent lethal attacks in the region. Between 2011 and 2021, for instance, more than 10,000 conflicts related to land rights and territories were recorded in Latin America alone.
“The worsening climate crisis and the ever-increasing demand for agricultural commodities, fuel, and minerals will only intensify the pressure on the environment — and those who risk their lives to defend it,” wrote the authors.
Earlier this year, Frontline Defenders, an international human rights organization, released a similar report to Global Witness’ with corresponding findings — including that Colombia was the most dangerous country for land defenders. [see:https://humanrightsdefenders.blog/2023/04/04/front-line-defenders-just-published-its-global-analysis-2022-new-record-of-over-400-killings-in-one-year/ . While Frontline Defenders reported that there were 186 land defender deaths in Colombia and Global Witness reported 60, Bianchini said differences in statistics are the result of different methodologies, which vary by organization. However, both organizations’ reports were united in findings: Indigenous people make up a disproportionate amount of the deaths among land and environment defenders, Latin America sees the highest rates of violence, and the number of killings is likely underreported.
“I am incredibly grateful and impressed to see the fight of all of these communities who are there living in these areas and who have been acting for thousands of years to protect the array of life,” said Bianchini. “I cannot believe that humanity right now is living in a moment where we are killing those who are protecting their own lands and civil rights.”
On 25 July, 2023 – International Afro-Latina, Afro-Caribbean and Diaspora Women’s Day, – Amnesty International highlighted nine defenders and collectives who have devoted their lives to ending inequality and violence, advocating a dignified life for all people because their work deserves the recognition, visibility, protection and resources necessary for it to continue to spread.
Rede Vozes Negras pelo Clima, Brazil
Rede Vozes Negras pelo Clima is an initiative of 11 Black Brazilian women who are working in their respective territories to protect human rights, confront climate racism and promote anti-racist socio-environmental justice. They belong to traditional, riverine quilombola communities. They are also activists and leaders of communities that live on the margins of large urban centres, communities that are being directly affected by the consequences of the climate crisis and development projects that fail to take into account the rights of local populations.
They are thus fighting for anti-racist adaptation policies and an energy transition that will guarantee the promotion of human rights and nature. Mitigation initiatives need to incorporate the ancestral knowledge and wisdom of traditional peoples and communities and ensure the participation of those people affected by extreme weather events when decisions are being made as to the investments that need to be made to repair losses and damage.
Dayana Blanco Acendra, Colombia
Dayana Blanco is a renowned Colombian lawyer who heads ILEX Acción Jurídica, an Afro-Colombian and Afro-LGBTQI+ organization committed to racial justice in Colombia, Latin America and the Caribbean. According to Blanco, “Racial justice in Colombia requires all of society to commit to combatting the historical inequality that has affected the Afro-descendant population. This means actions to address social and economic inequality.”
With an outstanding academic background and experience in different sectors, Dayana has promoted innovative research on racist police violence, statistical invisibility in the systematization of violence against Afro-descendant leaders and economic and social rights. In addition, together with her team and in coordination with other civil society organizations, she has obtained notable rulings in defence of Afro-Colombian midwifery, overcoming the statistical invisibility of the Afro-descendant population, among others, and demonstrating her dedication to the struggle for equality and justice.
Under her leadership, ILEX has – through legal mobilization, research and strategic communications – become a reference for promoting the rights of the Afro-descendant population. Dayana and her team highlight the importance of addressing social and economic inequality as a fundamental element of racial justice in Colombia, calling on the whole of society to unite in the struggle and build a more equitable future for all.
Donaida Pérez Paseiro, Cuba
Donaida Pérez Paseiro is a Black activist, religious leader and president of the Asociación Yorubas Libres de Cuba. Yoruba is a religion of the African diaspora that is practised in many countries, including Cuba. Donaida was arrested on 16 July 2021 and sentenced in February 2022 to eight years’ imprisonment by the Santa Clara Municipal People’s Court for “public disorder”, “contempt” and “attacking” an official. According to the information available to Amnesty International, Donaida should never have been charged with these crimes.
The charges of “contempt” and “public disorder” are frequently used in Cuba to limit the right to freedom of expression and peaceful assembly. Both she and her husband, Loreto Hernández García, were tried along with 14 other protesters in what appears to have been an unfair trial.
Donaida is the wife of Yoruba leader and activist Loreto Hernandez Garcia who was unjustly sentenced to seven years in prison for demanding respect for human rights in Cuba during the 11 July 2021 demonstrations.
Donaida is an example of courage and perseverance in the resistance against repression in Cuba. Her commitment has manifested itself in numerous peaceful marches and protests. According to her family, she was a freelance journalist and founded the Laurel Express press agency, where she gave visibility to the injustices and challenges faced by her community in the city of Placetas. Her activism spans multiple spheres, having been a member of the Orlando Zapata Tamayo resistance front and the central opposition coalition. Donaida’s legacy transcends borders and leaves a profound inspiration for those who seek a Cuba without repression.
Guerline M. Jozef, Haiti
Guerline M. Jozef is the founder and executive director of the Haitian Bridge Alliance, the only Black and Haitian women-led organization serving migrants on both sides of the U.S.-Mexico border. Named one of the most influential people in 2021 on racial issues by Politico, she is also co-founder of the Black Immigrants Bail Fund and the Cameroon Advocacy Network.
The Haitian Bridge Alliance (HBA), also known as “the Bridge,” is a grassroots community-based organization that advocates for just and humane immigration policies and provides migrants and immigrants with humanitarian, legal and social services, with a special focus on Black migrants, the Haitian community, women and girls, LGBTQIA+ people, and survivors of torture and other human rights abuses. HBA also seeks to highlight issues specific to Black migrants and encourages solidarity and collective action to bring about policy changes. Through her work, Guerline reminds us that together, Anpil men, chay pa lou! Many hands lighten the load!
Miriam Miranda, Honduras
An Afro-indigenous Garífuna leader from Honduras, Miriam Miranda stands out as a courageous defender of human and environmental rights. As coordinator of the Organización Fraternal Negra Hondureña (OFRANEH), she has carried out invaluable work to protect and defend the rights of the Garífuna people in Honduras. Her tireless work, lucidity and commitment have earned her the recognition of prestigious awards, such as that of the Friedrich Ebert Foundation, as well as the Carlos Escaleras and Oscar Romero awards.
Miriam’s struggle is deeply rooted in the Garífuna territory of Honduras and is manifested through the history of OFRANEH, an organization through which these people are building their dignity and their future. The land and the sea, as an indispensable part of their identity, determine an essential struggle to preserve the natural assets of their territory.
Miriam is a highly respected thinker and leader within the social movement. She has an enormous capacity to devour books and mobilize energies from all sides to defend her people. She is one of those people who make life possible, whose words always point forward and who finds strength in the deep roots of her origin, where her future of freedom was born. As the daughter of Barauda (representing Garífuna female strength, Barauda is an historical character who pushed the Garífuna hero Sathuye to continue the struggle for the liberation of his people), Miriam has turned her critical eye to the source of it all: the predatory civilization of consumerism.
Her tireless work and courage inspire others to keep fighting. Her contribution and leadership have already left an indelible mark on the history of Honduras and global struggles for territory. [see also: https://humanrightsdefenders.blog/tag/miriam-miranda/]
Shackelia Jackson, Jamaica
The extrajudicial killing of her brother, Nakiea Jackson, in 2014 pushed Shackelia Jackson into a life of activism. Since then she has been healing, evolving, learning and gathering the tools with which to reconcile her conflicting realities. A political science scholar and communicator, Shackelia is the mother of an empathetic child, who longs with innocence to experience the world. Despite challenges and setbacks, Shackelia remains dedicated to the wider struggle, supporting causes that prevent the institutionalization and normalization of practices that violate human rights and erode the sanctity of life.
Through her grassroots organizing efforts in Jamaica, she has raised funds to support back-to-school initiatives and education programmes, recognizing the importance of empowering the younger generation. Shackelia’s work has gone far beyond her local community. She has become a global force, lending her voice and expertise to international platforms. As keynote speaker at an Amnesty International event in London, she captivated the audience with her powerful words, urging them to stand up and take action. In 2017, Shackelia also participated in roundtable discussions at Amnesty International events in Brazil and the United States, amplifying the voices of the oppressed and demanding accountability.
It was on this journey that Shackelia realized that change starts with each individual. She has encouraged others to join her in writing for rights, and to use their words as weapons against injustice. “Let us write until we are heard, let us write until justice is done,” she said.
Ivana C. Fred Millán, Puerto Rico
Ivana Fred is a prominent Black and transgender activist, writer and leader from Puerto Rico. She has dedicated her life to fighting for human rights and equality for transgender people in her country. Her passion for justice has made her an influential figure and a powerful voice in Puerto Rican society.
Since her first steps into activism in 1999, Ivana has formed part of pioneering projects aimed at trans people and has used her voice and pen to amplify the stories and needs of trans people.
As she says: “Life put me in a place where I could develop as a leader, the ‘Ponte el Sombrero’ project gave me the tools to empower and educate socially disadvantaged and discriminated populations. That was how I came to understand that to exist is to resist”.
Ivana has also made her mark in the media, writing for the Metro newspaper and participating in acclaimed documentaries and films such as “Mala Mala” and “Las Muchachas”. Her presence and perspective have helped generate greater visibility and understanding of transgender experiences in Puerto Rico.
Ivana Fred is currently one of the directors of the organization Trans Goofy Games, where she continues to lead and support initiatives that promote transgender inclusion and empowerment. With unwavering commitment, Ivana has remained a visible leader and loyal activist. From her early days of activism to the present day, her voice has been resolute in seeking dignity and respect for all transgender people.
With her courage and determination, Ivana has shown that to exist is to resist and has paved the way for a more inclusive and respectful future in Puerto Rico and beyond. Her legacy as a visible leader and her tireless activism inspire us all to continue fighting for a world where everyone can live with equality and dignity.
Elena Lorac, Dominican Republic
Elena Lorac is a prominent activist and advocate for human rights in the Dominican Republic, especially on the part of Dominicans of Haitian descent. As national coordinator of the Movimiento Reconoci.do, she has led the fight for the right to nationality and full integration of this community into Dominican society.
With more than 12 years’ experience, Elena has worked to strengthen community leadership and empower black women in the country’s bateyes [sugar mill settlements]. She also provides support to Haitian migrants and Venezuelan migrants and refugees, and is known for her community-based approach.
Elena is also a nationally and internationally renowned speaker, speaking on issues such as nationality, discrimination and racism, and raising awareness of policies that affect Dominicans of Haitian descent in the Dominican Republic. Her tireless work has been instrumental in promoting human rights and achieving the real inclusion of this community in Dominican society.
Aracelis Sánchez, Venezuela
Aracelis Sánchez, a human rights defender and the founder of Organización de Familiares de Víctimas de Violación de Derechos Humanos (Orfavideh), is promoting solidarity and demanding justice together with more than 200 mothers of victims of extrajudicial executions in Venezuela.
Aracelis, who lost her son Darwilson Sequera, has been fighting for more than 10 years to get cases of human rights violations committed by Venezuelan state security forces investigated. Orfavideh provides human rights training workshops for mothers, equipping them with tools with which to demand guarantees and use the mechanisms of justice in Venezuela.
Aracelis stresses that when victims are empowered and able to put pressure on prosecutors, their cases are investigated. She believes that support and empowerment are essential to transform grief into positive action and thus achieve justice for victims and their families.
Santiago Cantón, secretary general of the International Commission of Jurists. (Geneva Solutions/Michelle Langrand)
On 11 May 2023 Geneva Solutions carried an interview with the incoming Secretary General of the International Commission of Jurists:
The new head of the International Commission of Jurists warns of the challenges human rights face as democracies across the world falter and calls on human rights groups to rally behind a new purpose. After spending the last few years in the United States, Santiago Cantón, the Argentinian jurist who recently became the new secretary general of the International Commission of Jurists (ICJ), will call Geneva his home for the next five years.
The discreet organisation of well-respected judges and lawyers, located in the Paquis neighbourhood and now celebrating its 70th anniversary, is almost as old as the 1948 Universal Declaration of Human Rights. Born from the ashes of World War II initially to investigate abuses committed in the Soviet part of post-war Germany, the group has made vital contributions over the decades to the human rights architecture. Most notably, they helped push for the creation of an international criminal court and several UN human rights instruments, including the Convention on Enforced Disappearances, first proposed by its then-president Niall MacDermot.
Cantón, 60, also brings with him some heavy baggage of experience in human rights. He was the executive secretary from 2001 to 2012 of the Inter-American Commission of Human Rights, one of the arms of the Organization of American States tasked with reviewing rights abuses. Before that, Cantón served as the commission’s first special rapporteur on freedom of expression from 1998 to 2001. More recently, Cantón was part of the UN Human Rights Council’s commission of inquiry on abuses committed in the occupied Palestinian territories during the 2018 protests.
As a young student, Cantón saw his country fall into the clutches of a military junta that would rule ruthlessly for ten years. While initially drawn to diplomacy and foreign relations, Cantón knew it wasn’t an option to place his skills at the service of a dictatorship. He opted instead to study international law and human rights.
One of his first experiences, and the one to inspire him the most, was advising former US president Jimmy Carter in his democracy programmes in Latin America, most notably supporting elections in Nicaragua and the Dominican Republic in 1990 at a time when the two countries were emerging from bloody conflicts and transitioning into democracies. He saw the region break away from the chains of military regimes and usher in a new era of democracy and rule of law. “1948, with the universal declaration of human rights, was the big bang of human rights,” he told Geneva Solutions. “Since then, the architecture of human rights created throughout the world has been extraordinary.”
But the tides have turned. “Human rights are in decline and have been since the beginning of the century,” he regretted.
For Cantón, part of it is due to a lack of leadership. “We don’t have the same leaders in the world, and the governments that support human rights today, do not have the leadership they need to have for political reasons.” He said long gone are the Raúl Alfonsín of Argentina, Fernando Henrique Cardoso of Brazil and Patricio Aylwin of Chile, leaders who stood up for democratic values following their countries’ exit from military rule.
“You do have leadership on the wrong side. And they’re winning,” he added. He cited the leaders of El Salvador and Mexico, as well as Brazil’s Jair Bolsonaro and the US’s Donald Trump, as examples of how populist leaders have successfully appealed to disillusioned populations.
“Take El Salvador. Here we have someone that has 70 to 80 per cent of popularity. People (feel) that democracy did not deliver. They are tired and want to change everything completely,” he said. President Nayib Bukele’s recent sweeping crackdown that saw over 60,000 suspected gang members arrested has been praised by many Salvadorians fed up with the violence and insecurity that has gangrened the country for years. And despite the harsh criticism his methods have drawn from human rights campaigners, political figures across the region are flaunting it as a successful model that can be replicated in their own countries.
Cantón cautions against the temptation of wanting to scrap everything. “We cannot just change everything! There are things we need to keep, and human rights is one of those,” he said.
On Cuba, Nicaragua and Venezuela, the usual trio singled out for their authoritarian regimes, Cantón prefers to avoid tired narratives. “it’s not a question of left and right, it’s a question of the strength of the rule of law, and the rule of law is declining,” he observed.
Beyond that, human rights that touch upon issues associated with deeply entrenched cultural values have also been met by a wall of resistance. Cantón hasn’t finished unpacking he has already faced a first crisis. A report published by the ICJ in early March on how to apply human rights standards to criminal law was falsely accused across the internet of condoning sex between adults and minors. For Cantón, the world is increasingly polarised, and he views social media as a significant contributing factor. “It’s hard to find the middle ground, and when things are so polarised, they keep getting pushed harder towards two crazy extremes.”
But governments are not the only ones that need to do some soul-searching. Civil society is also struggling to maintain morale, according to Cantón. “It’s very frustrating when you take one step forward, and you have to go back like ten steps,” he said. For the past years, human rights groups have been on the defence, trying to protect hard-won advances. “We need to mobilise the human rights community again, strongly behind something,” he said.
One of the initiatives the ICJ is working on is the creation of a standing independent mechanism to investigate rights violations. UN-backed probe mechanisms are usually set up on a case-by-case basis and have been accused of being selective and politically motivated. The group of lawyers suggests that such a permanent expert body, created through the Human Rights Council or the General Assembly, could help by making it easier to trigger investigations.
It finds that Latin American human rights defenders and their organizations face intimidation, harassment, physical attacks, and legislation that criminalizes their work, among other threats.
Latin America was the most dangerous region in the world for human rights defenders during 2020, and according to Defending Latin American Human Rights and Democracy Activists, a new report released today by Freedom House, the ongoing COVID-19 pandemic has only made things worse. Under the guise of enforcing public health measures, governments have deployed authoritarian restrictions to inhibit movement, curtail freedoms of expression and assembly, and implement militarized security policies.
“This is a seminal study that lays the foundation for further areas of inquiry and analysis,” said Gerardo Berthin, vice president of international programs at Freedom House. “The report identifies the main needs of vulnerable activists and human rights defenders in Latin America and highlights major issues that merit regional and national attention.”
The report found that worsening human rights conditions have also spurred unprecedented levels of migration and displacement—including of human rights defenders—across the region. Growing migrant and refugee populations in Latin America have been especially vulnerable in the context of COVID-19, as border closures and lockdowns made living conditions even more precarious and curtailed mobility and access to information and services. See also: https://humanrightsdefenders.blog/2020/07/29/global-witness-2019-worst-year-ever-for-land-rights-and-environmental-defenders/
The democratic landscape in Latin America is discouraging. According to Freedom House’s Freedom in the World2021 report, fewer than 40 percent of the countries in the region are classified as Free. Against this backdrop, the new study provides a baseline review of regional efforts to protect human rights defenders and prodemocracy civil society organizations in Latin America, including through shelter and relocation programs.
Key findings:
Human rights defenders are increasingly being forced into exile in neighbouring countries, and many are unable to continue their work.
The pressure experienced by human rights defenders can push them beyond the limits of physical and psychosocial safety. This can result in some level of trauma, as well as severe psychological symptoms including anxiety, depression, feelings of isolation, and suicidal inclinations. The symptoms have also taken the form of physiological conditions such as high blood pressure and diabetes.
Human rights defenders, especially women and Indigenous people, have sought to rethink “security,” moving away from a military and policing approach toward a more comprehensive and gender-balanced understanding. For example, women human rights defenders are incorporating the body, self-care, and self-awareness when defining security, and examining how these elements can affect other types of security, including the security of the family. For them, security is not just about reacting to a threat; it is also about maintaining economic security, food security, mental or psychological security, and physical health security. Indigenous human rights defenders are proposing to include their perspective in the design of protections for activists, dissidents, journalists, and others. This has begun to shift the focus of some protection mechanisms from the individual toward a more community-based model that accounts for the collective nature of human rights defense.
State-run protection mechanisms are often prescriptive, offering a predetermined menu of services that do not necessarily address the specific needs or risks faced by human rights defenders.
International protection organizations have implemented good practices pertaining to protection and security in general, aided by the expansion of internet access. This has enabled enhanced connection and communication with civil society organizations on the ground, including continuous and more systematic meetings and planning for effective protection.
The report contains two case studies of Venezuelan and Nicaraguan human rights defenders who have been forced into exile in Colombia and Costa Rica, respectively. The cases highlight key forms of individual, collective, and contextual support that would strengthen protection and allow human rights defenders to expand their work while in exile.
Few approaches to protect human rights defenders in Latin America have been evaluated systematically. The need for systematic evaluation is a key recommendation of the report, as such analysis could be used to develop future programs and strategic plans, and would help to identify the potential security risks that human rights defenders may face at home or in exile.
There are still gaps in knowledge about how to best support human rights defenders. However, human rights defenders themselves are driving efforts to share information about effective protection approaches. Thanks to their active involvement in protection strategies, temporary relocation providers, national protection organizations, and human rights defenders are more frequently raising the notion of holistic protection or integral security, which goes beyond physical or traditional security to include services such as medical, psychosocial, and psycho-emotional support.
The Thomson Reuters Foundation on 19 April 2021 wrote about the treaty aimed at protecting activists in Latin America which could be a life-saving watershed in a region where scores are murdered each year. But the pact’s success will depend on the commitment of governments and big business, rights advocates said.
“We have suffered intimidation, harassment and death threats defending indigenous rights, and mother earth and its natural resources,” said Cunningham, an indigenous lawyer.
“It’s virtual warfare. ‘War means blood’ was one of the messages I received on Facebook,” said Cunningham, who heads the Centre for Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN).
But in the world’s deadliest region for campaigners such as Cunningham, the Escazu agreement is raising hopes among some that they will be better protected, and cause the perpetrators of crimes to be brought to justice.
The accord, which comes into force on April 22, has been signed by 24 of the region’s 33 countries, so far, and formally ratified by 12. Nicaragua is among the dozen nations that have agreed to make it legally binding.
Beyond the treaty’s safeguards for activists, Cunningham said she hopes it will allow “the effective participation” of indigenous people in decisions about permits and concessions to companies such as mining firms and cattle ranchers.
The treaty also obligates countries to ensure activists can access public information on environmental cases and issues.
David R Boyd, the UN’s special rapporteur on human rights and the environment, said the “groundbreaking” treaty could be “a life-saving game changer”. “It is the first treaty in the world that includes specific obligations on governments to protect environmental and human rights defenders,” he said.
“Globally some Latin American countries have been hotspots of violence against environmental and human right defenders, and this treaty is directly intended to address that by raising the bar and creating obligations on governments.”
It could push countries to tighten their own laws to ensure crimes against environmentalists, which too often go unpunished, are investigated and perpetrators prosecuted, Boyd added.
In the Americas last year, 284 human rights defenders were killed, accounting for 86% of the global tally, according to data published this month by campaign group Front Line Defenders.
Colombia, which has signed the Escazu treaty, was the deadliest country for land rights activists and environmentalists last year, according to a 2020 report by advocacy group Global Witness. It found 64 land rights activists were killed in Colombia last year — up from 25 in 2018 — the highest level Global Witness has yet recorded in the country.
Honduras, which has not yet signed the Escazu pact, is another hotspot for violence, where in one recent attack in December masked men with guns and machetes gunned down an environmentalist activist in front of his family. Brazil is unlikely to ratify.
The treaty orders countries to set up bodies to monitor, report and ensure new rules are adhered to, and specifies the rights of environmentalists, including their right to freedom of expression, free movement and peaceful assembly.
Boyd said much of the conflict that places environmentalists in danger is driven by disagreements over projects led by extractive industries and failing to consult communities about activities on their lands.
For the treaty to work in practice, governments and companies must recognise the right of indigenous people to decide what happens on their lands and to be property informed and consulted about projects to stem violence, he said.
“That straightforward step would actually prevent a lot of the conflicts that are leading to peoples’ lives being placed in jeopardy,” he said.
Government commitment to ensure adequate resources and changes in corporate values will also be key, said Marina Comandulli, a campaigner at advocacy group Global Witness.
“[It will only work] if it is properly funded, if every country in the region commits to implementing it, and if big companies start putting people and planet first,” she said, adding that attitudes must shift, too.
“Defenders are routinely threatened, criminalised and killed in Latin America and the Caribbean. Often, that violence is linked to corporate activity, and governments have been complicit in perpetrating it,” she said.
“Defenders are central in the fight against the climate crisis … we need a zero-tolerance approach to violence and to threats.”
‘In the face of proliferating environmental conflicts and persistent intimidation, harassment and detention of environmental human rights defenders, the Escazú Agreement offers hope to the countless individuals and communities in the region that suffer from pollution and the negative impacts of extractive industries,’ said the UN Special Rapporteur on toxics and human rights, Marcos Orellana.
The Escazú Agreement includes strong protections for indigenous peoples and environmental human rights defenders, at a time when they are subject to unprecedented levels of violence.
The experts expressed hope that the treaty could serve as a model for other regions to improve cooperation and mobilise efforts for better governance of natural resources and environmental protection through transparency, accountability and community engagement. By ensuring people’s rights to information, participation, and access to justice, the Agreement affirms a strong rights-based approach to environmental governance.
The experts also voiced concern over disinformation campaigns that have obfuscated public debate in certain countries of the region.
‘We urge those countries who have yet to ratify or adhere, to join regional efforts and demonstrate best practice for a more just and sustainable region,’ the experts said.
The Escazú Agreement will enter into force 90 days following the 11th ratification. The experts commended the 11 countries that ratified the agreement: Antigua and Barbuda, Argentina, Bolivia, Ecuador, Guyana, Nicaragua, Mexico, Panama, Saint Vincent and the Grenadines, Saint Kitts & Nevis, and Uruguay.
‘The remaining nations in the Latin America and Caribbean region should move quickly towards ratifying the Escazú Agreement in order to maximise the treaty’s effectiveness in protecting human rights in the face of today’s interconnected climate, biodiversity, and pollution crises,’ the experts said.
More than half the killings were in Colombia and the Philippines and indigenous people made up 40% of the victims, the Britain-based group said inn its report. It was a significant rise on 2018, when 164 killings were recorded.
The threat from mining and large-scale agriculture caused the most number of deaths, with these sectors also responsible for worsening climate change impacts, Global Witness said.
“Insecure land tenure, irresponsible business practices and government policies that prioritise extractive economies at the cost of human rights are putting people, and their land, at risk,” said Rachel Cox, a campaigner at Global Witness.
“Land and environmental defenders play a vital role in protecting climate-critical forests and ecosystems. When they take a stand against the theft of their land, or the destruction of forests, they are increasingly being killed,” she said.
Latin America accounted for more than two-thirds of all victims last year, with Colombia the deadliest country of all, with 64 killings.
In Asia, the Philippines had 43 killings compared to 30 the previous year, with six in India, three in Indonesia and one in Cambodia, according to Global Witness.
Many more were attacked, arrested, threatened and sued, said Global Witness, which recorded killings in 21 countries.
In the Philippines – which was the deadliest country in 2018 – “relentless vilification” of activists by the government and impunity for attackers may be spurring an increase in killings, it said.
A spokesman for President Rodrigo Duterte did not respond to requests for comment.
At least 119 activists and farmers have been killed since Duterte took office in 2016, according to Global Witness, while local campaign groups put the figure at about 200.
Dozens of United Nations experts last month called for an independent investigation into human rights violations in the Philippines, including killings of farmers and indigenous people.
The coronavirus pandemic has accelerated the “downward spiral of the human rights situation”, and a new anti-terrorism bill could be used to target activists, they said.
“Days after the act was signed, the harassment of human rights defenders has visibly worsened,” said Cristina Palabay, secretary general of Philippine human rights advocacy group Karapatan.
“While rural communities, including indigenous peoples, grapple with the impact of COVID-19, they are constantly hounded by military operations that benefit mining corporations encroaching on their ancestral land,” she said.
Two of the country’s biggest agribusiness brands – Dole Philippines and Del Monte Philippines – earlier this year said they would review their processes to better protect land rights.
But attacks against activists during coronavirus lockdowns signalled more violence worldwide, Cox said.
“Governments around the world have used the crisis to strengthen draconian measures to control citizens and roll back hard-fought environmental regulations,” Cox told the Thomson Reuters Foundation.
In the midst of the COVID-19 crisis, many human rights organisations have been formulating a policy response. While I cannot be complete or undertake comparisons, I am giving some examples in the course of these weeks. Here the one by WOLA(the Washington Office on Latin America), as published in Reliefweb of 13 April 2020.
In the midst of the rapidly spreading COVID-19 pandemic in Latin America, saving lives and reducing community transmission of the disease should be the number one priority of governments, international organizations, the business community, and civil society groups. Addressing the virus will require decisive public health interventions grounded in the best available public health recommendations. At the same time, the pandemic is having serious consequences for democracy, equality, and human rights in Latin America. Actions that are taken by governments today will have long-term impact.
Over the years, WOLA has worked with civil society partners in the aftermath of disasters, both natural and man-made. Though this pandemic is unprecedented, the lessons we’ve drawn from those experiences are clear: we cannot wait until the pandemic passes to investigate challenges to human rights, raise questions, and hold governments accountable. Some public health interventions will include infringements on key rights, like restrictions on freedom of movement and assembly. Those should be time-limited and legally grounded restrictions. Other interventions will require significant investment in health care, social safety nets, and community support and action. These should be transparent, equitable, and accountable.
While acting promptly and decisively, governments across the Americas need to protect key values like democracy and human rights.Upholding these values is critical to establishing the public trust and the social cooperation that will be required to combat this public health emergency and to move forward in the future. Otherwise, the fight against COVID-19 will not only lead to ineffective public health responses, but could further fuel anti-democratic and authoritarian tendencies in the region.
Some challenges that WOLA will be monitoring in the Americas include:
Reinforcement of authoritarian tendencies
Many governments have appropriately invoked emergency powers to respond to the crisis—but their implementation has not been without concern. In El Salvador, over 1,200 people have been detained in “containment centers” for violating curfew orders, provoking debate among legal experts about the legality of such measures (the country’s Supreme Court ruled on April 8 that curfew violations do not justify arbitrary detentions by the police and military). In Honduras, the president issued a decree temporarily restricting freedom of speech rights as guaranteed in the nation’s constitution, asserting this was necessary to combat the spread of misinformation related to the pandemic; the move received strong criticism from the Inter-American Commission on Human Rights and the United Nations. In Venezuela, the de facto Maduro government has sought to silence criticism of its response to the pandemic, harassing and detaining journalists who question official statistics.
Emergency powers need to be clearly limited; the role of legislatures and judiciaries in overseeing and reviewing the exercise of executive power should not be indefinitely suspended. These powers and roles are easy to ratchet up and hard to ratchet back down. It’s been a difficult struggle for governments and societies in the hemisphere to overcome the legacy of Cold War-era military dictatorships; backsliding needs to be avoided.
Military engagement in civilian governance
In some countries, militaries will necessarily play an important role in responding to public health emergencies given their resources, surge capacity, off-the-shelf plans, logistical capabilities, and medical facilities…….In a region still struggling to overcome a history of military dictatorships, any deployment in the current crisis must have a clear end dateso that the military’s presence on the street does not become “normalized.”Whatever supporting role the armed forces may play in responding to the pandemic, the military should remain under firm civilian control.
….public health responses that need military involvement must not result in a retreat of democratic progress made over the last few decades in the region.Corruption
……The fight against corruption is a key part of restoring—or establishing—functioning democracies. In Latin America, we’ve seen a major attack on entrenched corruption in the last few years, from Peru to Mexico, and in reaction we’ve seen corrupt actors fighting to preserve their privileges and impunity in countries like Guatemala and Honduras.The need for transparency
Both to provide effective guidance to the public and to assure accountability, governments need to provide clear, consistent, and accurate information based on the best available science from health professionals about the virus and its spread. Authorities also need to be transparent about how public funds are being spent to address the crisis. Additionally, once states impose restrictions on the freedom of movement and assembly, leaders should be clear about what criteria they are using to justify implementing—and eventually lifting—these restrictions. As was highlighted in the IACHR’s resolutionon the pandemic and human rights in the Americas, governments must also refrain from restricting the work and movement of journalists and human rights defenders to provide information and document abuses that may occur in the governments’ response to COVID-19.
The spread of disinformation related to the pandemic is a particularly serious concern. Contrary to other presidents in the region, the presidents of Brazil and Nicaragua have sought to downplay the crisis and even encourage social interaction, while Mexico’s president was slow to act to promote social distancing. The situation in Brazil is particularly worrisome, with President Jair Bolsonaro disregarding all expert medical advice and defying measures taken by governors across the country, as cases of COVID-19 continue to rise at an alarming rate. These actions, which contradict public health experts’ advice, present the population with damaging mixed messages about how they should respond as concerned citizens, which will worsen and prolong the severity of the pandemic….
Restrictive measures will disproportionately affect low-income workers and those in the ****informal sectors **of the economy,** which accounts for over 50 percent of employment in Latin America. Many of these measures will especially impact women, who make up a large share of the informal sector in Latin America. Governments will need to implement income supplements, food security, and strong social safety net measures to protect this population. These measures must take into account gender disparities, and the particular risks that women face; there are already reports from across the region of increases in domestic and gender based violence.
Without increased support, poverty and inequality will increase, along with political discontent and instability. Communities in Colombia, Honduras, and Bolivia have all protested in recent weeks—“the government locks us up, hunger is going to kill us,” read one protest sign in Bolivia, reported El País. In Colombia, where some 40 percent of the workforce consists of informal workers, communities across the country have taken to hanging red flags outside their homes to indicate that they are hungry.
Protecting those in the most vulnerable situations
Governments will need to prioritize protections for historically underserved populations, who traditionally have poor access to health services and live in overcrowded and unhygienic conditions. Specifically, governments will need to ensure protections for:
Migrants and asylum seekers
Many countries have closed their borders and are limiting entries to their own citizens and legal residents. Others are taking more extreme measures and closing their borders completely. These measures will limit movement and the ability of individuals fleeing violence and persecution to seek protection abroad. The United States, for instance, has used public health as a pretext for ending the right to asylum at the border. In the last two weeks, U.S. border agents have expelled more than 6,000 migrants, including asylum seekers, without giving them a chance to seek protection.
Similarly, countries like Brazil, Colombia, and Ecuador have imposed new restrictions making it difficult for Venezuelan migrants, who are fleeing dire circumstances, to gain entry and access services. Many are choosing to return home despite the humanitarian emergency in Venezuela; some of these migrants are now being confined in overcrowded “quarantine zones” with reportedly poor sanitary conditions near the border.
As governments in the region limit public services, asylum seekers waiting for a resolution of their cases will confront an even longer **period of uncertainty.** For undocumented migrants who are apprehended and detained in countries such as Mexico, they may be held in detention centers with a history of overcrowding and poor hygiene. Anti-immigrant sentiment is likely to increase in this context.
Incarcerated individuals
There are an estimated 1.6 million people behind bars in Latin America, many of whom are in pretrial detention. With prisons and detention facilities already overloaded and ill-equipped to control contagion or address COVID-19 illness, governments should urgently take measures to **ease prison congestion,** such as releasing those who are older and have underlying health issues, mothers and pregnant women, those in pretrial detention, LGTBQ+ individuals, and those who have completed much of their sentence. Moreover, governments must and refrain from measures that would result in even more people being confined in such facilities, including those detained for violating stay-at-home orders.
Afro-descendants, Indigenous, and other groups
Progress on public health requires understanding that we are all in this together. Placing blame on specific groups or excluding them from access to health care and other necessities can be a dangerous temptation for leaders seeking scapegoats or those who seek to deflect blame from their own failures. Limiting access to health care or other protections to certain categories of people is a violation of fundamental rights and will only serve to exacerbate the current crisis….
Restrictive measures as a pretext for political repression
Governments may be tempted to use restrictive measures imposed for public health reasons as a tool to repress political opponents. Even where restrictions are initially conceived in good faith, certain sectors of the population may be targeted for more aggressive controls, policing, and disproportionate punishments….Increasingly empowered nationalist leaders may face the temptation to undermine or defund international systems and conventions, processes of conflict resolution, and human rights. But now more than ever, there is a need for international cooperation during a pandemic. This is a time to strengthen institutions that promote peaceful, negotiated solutions—not only to deal with the health crisis but also to other arenas of political conflict.
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We will be investigating and analyzing trends. We will be making recommendations to policy makers. We will be working with partners and civil society activists throughout the region who are facing new challenges to basic freedoms. As we recognize the absolute centrality of taking strong and decisive measures to protect the health of the public, we will redouble our efforts to stand for human rights and democracy during this crisis and beyond.
Hans Thoolen on Human Rights Defenders and their awards 